11 May 2020
FOKKER BROTHERS INC LIMITED v FOKKER BROTHERS LIMITED [2020] NZHC 953
- Citation
- [2020] NZHC 953
- Court
- High Court
The Assistant Commissioner's decision is upheld: the Court found genuine use of the Fokker Brothers mark for gravy (class 30) during Feb-Nov 2014, and held that the non-use in the relevant period was due to special circumstances outside the owner's control — specifically the breakdown of the personal relationship between the sole shareholder and sole director and the director's assistance to a competitor prior to removal — which caused FBL's inability to use the mark; accordingly the registration must not be revoked under s 66(2).